Florida Selection and Testing laws & HR compliance analysis

Florida Selection and Testing: What you need to know

The Florida Civil Rights Act prohibits discrimination based on race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status. The Act covers employers with 15 or more employees, including employment agencies and labor unions (FL Stat. Sec. 760.01 et seq.). An employer may make employment decisions based on a protected characteristic if the characteristic is a bona fide occupational qualification (BFOQ) for the job in question. To be a BFOQ, a characteristic must be reasonably necessary to the applicant's ability to perform the job in question.
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Acquired immunodeficiency syndrome (AIDS) discrimination.State law prohibits employment discrimination based on an individual's actual or perceived human immunodeficiency virus (HIV) status. Employers are also prohibited from discriminating on the basis of HIV tests results, unless a negative HIV status is a BFOQ (FL Stat. Sec. 760.50).
Sickle-cell trait discrimination. Florida law prohibits discrimination based on an individual's sickle-cell trait status (FL Stat. Sec. 448.075).
Employers may generally use any professionally developed test or selection device so long as it is not designed, used, or intended to discriminate against a protected individual or class of individuals.
Employers with 15 or more employees are covered by the federal Americans with Disabilities Act (ADA), which prohibits employers from requiring an applicant to take a medical examination before a conditional offer of employment is made. Under the ADA, employers may require physical agility and fitness tests at the application stage. A fitness test demonstrates the applicant's ability to perform ...

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